Maurice C. Sainte-Yves - Page 5




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               Petitioner agrees that he has the burden of proving his                
          entitlement to an abatement of interest.  See Rule 142; Woodral             
          v. Commissioner, 112 T.C. 19, 23 (1999).                                    
               As applicable to the years before us in this case, abatement           
          of interest may be available under section 6404(e)(1) with                  
          respect to the portion of interest on tax deficiencies                      
          attributable in whole or in part to errors or delays committed by           
          respondent in the performance of ministerial acts that occurred             
          after taxpayers were contacted in writing with respect to such              
          deficiencies.3   Ministerial acts are described as procedural or            
          mechanical acts that do not involve the exercise of judgment or             
          discretion by respondent.  See, e.g., Crawford v. Commissioner,             
          T.C. Memo. 2002-10 (citing sec. 301.6404-2T(b)(1), Temporary                
          Proced. & Admin. Regs., 52 Fed. Reg. 30163 (Aug. 13, 1987)4).               
               The denial by respondent of the requested transfer of                  
          petitioner’s appeal from respondent’s San Francisco Appeals                 
          Office to either the Fresno or Brooklyn Appeals Office involved             


          3    The 1996 amendments to sec. 6404(e)(1) limited respondent’s            
          authority to abate interest on tax deficiencies to situations               
          where the interest was attributable to “unreasonable” errors or             
          delays committed by respondent and expanded the situations in               
          which abatement of interest might be available to include                   
          “managerial” acts (effective for taxable years beginning after              
          July 30, 1996).  Taxpayer Bill of Rights 2, Pub. L. 104-168, sec.           
          301(a), (c), 110 Stat. 1457 (1996).  This amendment is                      
          inapplicable to the instant case.                                           
          4    In 1998, sec. 301.6404-2T, Temporary Proced. & Admin. Regs.,           
          63 Fed. Reg. 70012 (Dec. 18, 1998), was finalized, effective for            
          tax years beginning after July 30, 1996.                                    




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